Ashok Menon, J
1. This is an application for regular bail under Section 439 of the Cr.P.C.
2. The applicant is the sole accused in Crime No.642/2021 of Parassala Police Station for having allegedly committed the offences punishable under
Sections 55(a), 55(i) and 67B of the Abkari Act read with Sections 4(2)(d) and 5 of the Kerala Epidemic Disease Ordinance, 2020.
3. The prosecution case, in brief, is that on 08.05.2021 at about 12.20 PM while the applicant was travelling on a motorcycle bearing Reg.No.KL-01-
AB-539 violating the Covid-19 pandemic protocols, he was intercepted by the police party, and on inspection, he was found to be carrying 4.140 litres
of IMFL brought from Tamilnadu and thus committed the aforesaid offences. The applicant was arrested and remanded to judicial custody and he
continues in custody.
4. The applicant states that he is innocent and the allegations are not true, and therefore, he seeks regular bail.
5. Heard the learned Counsel for the applicant and the learned Public Prosecutor.
6. The learned Public Prosecutor admits that the applicant has no other criminal antecedents. Considering the quantity of the liquor involved and the
fact that he has no other criminal antecedents, as also the present pandemic situation, I find that further incarceration of the applicant is not necessary.
As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:
i)He shall appear before the investigating officer as and when called for and shall cooperate with the investigation;
ii) He shall not attempt to influence or intimidate the witnesses; and
iii) He shall not get involved in similar offences during the currency of the bail.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.
